SUBBA RAJBHAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri Manish, learned counsel for the petitioners. Learned Standing Counsel appears for the respondents.

(2.) ALL the four petitioners, namely Subba Rajbhar, Constable Civil Police 1936; Pradeep Kumar, Constable Civil Police 273; Devendra Rai, Constable Civil Police 341, and Ajai Nigam Constable Civil Police 17 A.P. in Civil Misc. Writ Petition No. 16632 of 2008, were serving as Constable in Civil Police and were posted at Police Station Chaubepur, District Varanasi. They have challenged the order dated 24.3.2008 passed by Senior Superintendent of Police, Varanasi, suspending them under Rule 17 (1)(a) of the U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991 (in short the Rules of 1991). In Writ Petition No. 20893 of 2008 they have challenged the orders dated 15.4.2008 by which they were transferred by the Deputy Inspector General of Police (Establishment) Police Headquarters, U.P. communicated by the Senior Superintendent of Police, Varanasi on 16.4.2008 to Muzaffarnagar; Fatehgarh, Pilibhitand Etah respectively. In Writ Petition No. 31875 of 2008 they have prayed for setting aside the orders dated 10.6.2008 passed by the Senior Superintendent of Police, Varanasi-appointing authority dismissing them from service under Rule 8 (2)(b) of the Rules of 1991 on the ground, that it is not reasonably practicable to hold a departmental enquiry against them.

(3.) ON a report made by the Senior Superintendent of Police to the Deputy Inspector General of Police (Establishment) Police Headquarters, Allahabad, exercising delegated powers of the Inspector General of Police, decided to transfer the petitioners to Muzaffarnagar; Fatehgarh; Pilibhit and Etah respectively. The transfer order dated 15.4.2008 was communicated to the petitioners on 16.4.2008.